On July 26, 2016, the body of European Data Protection Authorities (DPAs)—the “Article 29 Working Party” (WP29)—issued a statement commending the improvements made to the EU-U.S. Privacy Shield (Privacy Shield). Although the WP29 continues to
Continue Reading Article 29 Working Party Issues Statement Following Adoption of EU-U.S. Privacy Shield
On July 6, 2016, the European Parliament adopted the first-ever pan-European law on cyber security. The law, entitled the “Directive on the Security of Network and Information Systems” (NIS Directive), imposes security requirements and security
Continue Reading EU Cyber Security and Incident Notification Rules Enacted
On April 14, 2016, the European Parliament formally adopted the General Data Protection Regulation (GDPR). With this vote, the new EU data protection legal framework will become legally effective in two years and 20 days
Continue Reading WSGR Alert: New EU Data Protection Regulation Is Now Enacted
On December 15, 2015, the European Parliament and the Council of the European Union reached a political agreement on the text of the EU General Data Protection Regulation (GDPR).1 This is a major step toward the official adoption of the GDPR, which is now expected in Spring 2016. The GDPR will have a significant impact on how EU and non-EU businesses can collect and process the personal data of EU individuals. This article discusses the key elements of the GDPR.
Continue Reading EU Reaches Political Agreement on New Data Protection Regulation
On October 1, 2015, the Court of Justice of the European Union (CJEU), which is the EU’s highest court, delivered its judgment in Case C-230/14—Weltimmo.1 The CJEU ruling is a landmark decision in determining the territorial scope of application of national data protection laws and the competence of national Data Protection Authorities (DPAs) in the EU.
All 28 countries of the EU have their own national data protection laws. The territorial scope of application of these laws often raises questions for companies doing business in multiple EU countries. The main rule states that the national data protection law of a certain EU country applies if data processing is “carried out in the context of the activities of an establishment” of the data controller in that EU country. If the data controller is not established in the EU, but makes use of “equipment” in a certain EU country to process personal data, the national data protection law of that EU country will apply. The Weltimmo case provides some clarity on how to determine the application of EU data protection law when the data controller is established in the EU.
Continue Reading Landmark Decision Clarifies Territorial Scope of Application of National Data Protection Laws in the EU
The European data protection regulators, the Article 29 Working Party (WP29), recently issued two guidance papers which clarify the data protection legal framework applicable to the Internet of Things (IoT) and to the use of device fingerprinting. Both opinions underline WP29’s current focus on data-driven innovations. This article highlights the key takeaways from these two opinions.
Continue Reading EU Data Protection Regulators Issue Guidance on the Internet of Things and Device Fingerprinting